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07/08/1999 CITY OF GRAND TERRACE CITY COUNCIL MINUTES, REGULAR COUNCIL MEETING - JULY 8. 1999. A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on July 8, 1999 at 6:00 p.m. PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Jim Singley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Patrizia Materassi, Community and Economic Development Director Virgil Barham, Building & Safety Director Lt. Pete Ortiz, Sheriffs Department ABSENT: John Harper, City Attorney The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Councilmember Hilkey. ITEMS TO DELETE None SPECIAL PRESENTATIONS 2A. AQMD Update by Leonard Paulitz, Board Member Larry Rhinehart, Director of Intergovernmental Affairs for the South Coast Air Quality Management District introduced the representative for the City of Grand Terrace AQMD Board Mayor Pro Tem Leonard Paulitz from the City of Montclair. Leonard Paulitz gave a brief overview of the continuing fight against smog and what Grand Terrace along with other cities can do to make a difference. He indicated that the cities can promote a new concept called smart growth where less automobile dependancy is planned, improve traffic control through roadway improvements and systems that monitor and synchronize signal poles, operates police vehicles that are clean fuel vehicles, install EV charging stations, and encourage ride-sharing programs. Council Minutes July 8, 1999 Page 2 CONSENT CALENDAR CC-99-117 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the following consent calendar items: 3A. Approval of Check Register No. 063099 and 070899 3B. Ratify 07-08-99 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3D. Approval of 06-24-99 Minutes 3E. Resolution Reciting Results of Special Election held on-June 8, 1999 3F. Sewer Connection - 21969 Vivienda Avenue - for New Single Family Residence (Ray) 3G. Authorize Council and Staff Travel to Monterey to Attend the League of California Cities Mayors and Council Members Executive Forum PUBLIC CONEWENT Sarah Green, 22432 Raven Way, encouraged the Council to reconsider the elimination of the Recreation Department and asked that all parents help and volunteer with the youth activities. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of June 7, 1999 CC-99-118 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to accept the June 7, 1999 minutes of the Historical and Cultural Activities Committee. 5B. Council Reports Mavor Pro Tem Buchanan, reported that he has received the results of the Inland Empire Annual Survey of residents on issues of concern in the Inland Empire Areas and that he will give the reports to the City Clerk if Council is interested in reviewing them. Councilmember Garcia, reported that there is a group called the Cities, Counties and Schools that have come together state-wide to work on major issues. She commended the Librarian Laurie Shearer on her parking meter program to raise funds. She stated that the library offers on-the-lap story time on the second Monday of each month. She indicated that SCAG has put together a guide book for local officials and planners on the Regional Housing Needs Assessment and will leave it with Community and Economic Development Council Minutes July 8, 1999 Page 3 Director Materassi. Councilmember Sinalev, reported that a two year old baby drowned just recently here in Grand Terrace and reminded everyone to be careful and aware. He expressed his concern with the law enforcement cut that the Council approved at the last council meeting. Councilmember Hilkev_ , indicated that he has received junk mail with regard to Y2K and encouraged residents to disregard this information that it is junk. The Sheriff's Department has provided a flyer on how to access the information on Megan's Law and the School District, the City of Colton and the Sheriffs Department are working on something that can be distributed throughout the schools. PUBLIC HEARING 6A. An Ordinance of the.City.Council of the City of Grand Terrace Amending Its Redevelopment Plan to Allow For Acquisition of Non-Residentially Zoned Property By Eminent Domain City Manager Schwab indicated that when the City of Grand Terrace initially created the Redevelopment Plan, property acquisition by the use of eminent domain was not authorized. The proposed ordinance amends the section giving the Redevelopment Agency the authorization to utilize eminent domain to acquire property in non-residentially zoned areas only. In an eminent domain proceeding, the Agency can acquire non-residentially zoned land. Then, the Agency must determine, through an eminent domain proceeding, ?. a fair market value for the land and improvements, if any, to be paid to the property owner. It is not likely that the Redevelopment Agency of Grand Terrace will need to utilize eminent domain, but having the availability of this redevelopment tool should bring investor property owners to the negotiating table to negotiate price and terms in good faith. Mayor Matteson opened discussion to the public. Fernando Boiorauez, 22238 Barton Road, questioned why eminent domain was not included in the original Redevelopment Plan. Citv Manager Schwab, responded that he was not working for the City at the time the Redevelopment Agency was formed, however, he believes that is was specifically left out simply because.residents do not like to see redevelopment agencies have the.ability to condemn property. Mr. Boiorauez, stated that it was his understanding that the Redevelopment Agency was set up in order to improve blight areas and/or to improve the economics of the area. He indicated that he doesn't feel that the Barton Road is a blighted area. He thanked-Council and staff for the information that they provided. . Jack Booker, 11785 Mt. Vernon Avenue, indicated that he is a charter member of the Council Minutes July 8, 1999 Page 4 Azure Hills Seventh-Day Adventist Church in Grand Terrace and a member of the Board. He expressed his concern with the Ordinance and requested that all churches and schools within the boundaries of Grand Terrace be exempt along with the residentially zoned properties. Barbara Pfenniahausen, 22111 Ladera Street, indicated that she does not support the proposed ordinance and the power of eminent domain. Melba Louise Wilson Holcomb, 12236 Pascal, expressed her concern with the proposed ordinance as well as the problems that may occur with the projects that will be a result of eminent domain proceedings. Mavor Pro Tem Buchanan, stated that the Council is not debating the merits of any particular project and that nothing has been brought before the Council as any type of formal proposal for any development project so they are not discussing whether there is going to be a particular type of housing in a particular location the only thing that the Council is considering is whether or not the Redevelopment Agency could amend its governing documents to provide that it has the power of exercising eminent domain. Robert Sterling. 22821 Wren Street, stated that he does not want to see the area on Barton Road developed. He feels that the City does not have a large enough population to support the types of businesses that the City has in mind. He feels that the residents want to keep the community small. Arthur Blencie. 2120 Cawillo, Colton, represents the Azure Hills Seventh-Day Adventist Church, feels very strongly that the Council should consider exempting churches and schools in the ordinance amending the Redevelopment Plan with regards to eminent domain. Barnev Karaer. 11668 Bernardo Way, indicated that he is in favor of the ordinance amending the Redevelopment Plan adding the power of eminent domain. He feels that the City needs a commercial development and more taxes, which will not come from the State of California. He questioned whether the City was planning on giving a developer any tax breaks. He stated that he has sold about six properties through condemnation proceedings and has always gotten better than fair prices, however, with a governmental agency you have to wait a long period of time to get the money. He feels that the Redevelopment Agency and the Planning Department has placed too many stipulations on projects. Janet-Bottroff, 22840 Bluebird, indicated that she is a member of the Azure Hills Seventh- Day Adventist Church and encouraged the Council to exempt churches and schools from the ordinance. Sharon Banner, 22317 Barton Road, stated that they have been unable to sell their property and that she is in support of the Ordinance amending the Redevelopment Plan allowing eminent domain proceedings. Cri -a fir.:.. ,;• ,. Council Minutes July 8, 1999 Page 5 Tonv Petta, 11875 Eton Drive, expressed his support of the amendment of the Redevelopment Agency Plan allowing eminent domain proceedings. Donald Gwinn, 22963 Palm Avenue, encouraged the Council to add an exemption of churches and schools from the Ordinance. Arlene Lee, expressed her concern with the proposed Ordinance and questioned whether specific areas could be designated. Mavor Pro Tem Buchanan, responded that he doesn't think that the City can do that. Mr. Boiorauez, stated that he feels that the community has offered a solution to the problem. He feels that the best interest of the City should be the best interest of the population of the City. He questioned if it is possible for the City to change the Ordinance as far as the condemnation proceeding is concerned to restrict only to those properties that are involved in this project which would enable the City to proceed against the ones that -are not wanting to cooperate with the demand and all of the other properties would be excluded until a later time when there is another project. Lisa Hiullberg, 6704 Carabway, Riverside, President of Town Square Developers, who is interested in doing a project in Grand Terrace. She indicated that the Council is -considering whether or not to amend the Redevelopment Agency's Plan to be allowed to exercise the power of eminent domain. The public is generally scared of eminent domain. The laws are very strict when it comes to a public agency exercising the power of eminent :.domain or acquiring any property through that power. Janet Rich, 11701 Terrace Avenue, stated that she is against the adding of eminent domain to the Redevelopment Plan. Craig Stalimver, encouraged the Council to add a provision to the Ordinance exempting schools and churches. Matt Bacon, 22653 Thrush, stated that the Redevelopment Agency should be concentrating on blight. He is concerned with the empty businesses in the community. He encouraged the Council not to use the right of eminent domain in any type of private project. Corrine Robinson, 22145 De Berry, stated that she is opposed to eminent domain and redevelopment overextending what it was intended for. Redevelopment should not be used for private enterprise. She feels that the Planning Department needs to be more user friendly. Mr. Boiorauez, feels that those people that are in the audience should have the opportunity to vote on the proposed Ordinance. Mavor Matteson, stated that it is the decision of the Council. Council Minutes July 8, 1999 Page 6 Mavor Pro Tem Buchanan, indicated that everyone who has made comments are on record. Elsa Debold, 21953 Grand Terrace Road, supports the amendment to the Redevelopment Plan and encouraged the Council to vote for it. Resident, 21816 Vivienda, expressed her concern with the proposed ordinance. Cvnthia Bidnev_ , 12219 Pascal, stated that she is strictly opposed to the use of eminent domain. Mayor Matteson returned discussion to the Council. Councilmember Hilkev. stated that it would not be feasible to selectively impose eminent domain due to the fact that there is no specific project that we are discussing. Mavor Matteson, stated that the eminent domain only affects the commercially zoned properties. Mavor Pro Tem Buchanan, indicated that he doesn't think that the City has the legal ability to draw lines around certain locations and say that the Agency would have the power of eminent domain in those specific areas. That would be similar to spot zoning. Councilmember Hilkev, stated that he understands the concerns of the residents, however he feels that there is no other way to complete big projects without the power of eminent domain. Councilmember Singlev, indicated that the State has taken away the cities tax base and we are forced to create revenue through commercial projects that will increase our tax base. Councilmember Garcia, stated,that she loves Grand Terrace and the thing that concerns her the most is that the City doesn't do something to bring revenue into the City services will have to be cut and the quality of life that she wants for her family will diminish. She questioned if this item could be postponed until the City Attorney can be available for questions. She would like to see something in writing that will put those residents who are concerned at ease. Citv Manager Schwab, indicated that the City Attorney will be at the next meeting to answer questions. Mavor Pro Tem Buchanan, stated that there is always going to be a difference of opinion when it comes to a community. He reinforced that the purpose of this hearing is to decide whether or not to approve the Redevelopment Agency Plan to include the power of eminent domain not a specific project. He believes that the City of Grand Terrace's Community Redevelopment Agency is the only one that doesn't have the power of eminent Council Minutes July 8, 1999 Page 7 domain. The City lacks the ability to participate in development efforts other than the rehabilitation housing program. Councilmember Hilkev, would like to get an answer from the City Attorney on whether we can designate certain areas only and would also like to know if there can be a sunset clause attached to it. CC-99-119 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 3-1-0-1 (COUNCILMEMBER GARCIA VOTED NO AND MAYOR MATTESON ABSTAINED), to approve the first reading of an Ordinance of the City of Grand Terrace amending its Redevelopment Plan to allow for acquisition of non-residentially zoned property by eminent domain. 6B. Traffic Signal and Circulation Improvement Fee Ordinance to be Used by the City to Construct Traffic Signal and Roadway Improvements Required as Outlined in the Circulation Element Update Study CC-99-120 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM BUCHANAN, CARRIED 5-0, to continue the Traffic Signal and Circulation Improvement Fee Ordinance to be Used by the City to Construct Traffic Signal and Roadway Improvements Required as Outlined in the Circulation Element Update Study to September 9, 1999. UNFINISHED BUSINESS None NEW BUSINESS 8A. Civic Center - Structural Repairs and Weatherproofing Project - Contract - WLC Architects CC-99-121 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to authorize the development of a contract between the City of Grand Terrace and WLC Architects for Design and Restoration Consulting Services on the Civic Center and authorize an appropriation of$24,200.00 from the•Community Redevelopment Agency to the General Fund. 8B. Review of Government Organization Memberships CC-99-122 MOTION BY COUNCILMEMBER SINGLEY,SECOND BY COUNCILMEMBR HILKEY, CARRIED 5-0, to direct staff not to renew the membership to the League of California Cities and CALED and to continue memberships with SCAG, SANBAG and the Inland Empire Economic Partnership with staff providing Council Minutes July 8, 1999 Page 8 Council a list of leads and results from IEEP on a regular basis. CLOSED SESSION None ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council Meeting at 9:19 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, July 22, 1999 at 6:00 p.m. CITY CLERK of--the-City of Graneferrace 94CYOR of the City of Grand Terrace